UNU Criminal Justice and Drug Policy_9 June

Identifying Common Ground on Criminal Justice for the United Nations
General Assembly Special Session on the World Drug Problem in 2016
What does a ‘criminal justice approach’
to global drug policy mean today?
10:00am-1:00pm, 9 June 2015
Permanent Mission of the United States of America to the United Nations
799 United Nations Plaza, New York
Concept Note
As the UN General Assembly’s Special Session in New York on the World Drug
Problem (UNGASS 2016) approaches, there is a need to consider how criminal justice
approaches best fit within efforts at creating an integrated and balanced approach for the
international drug control regime. Criminal justice and law enforcement-based
approaches have been at the centre of global drugs policy for many decades, particularly
since the adoption of the 1988 United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, which created the basis for the
criminalization of the illicit drug trade.
However, in the subsequent quarter century, the pursuit of criminal justice-based
approaches to implementation of the global drug control regime has led to some
unenvisaged outcomes: the criminalization of whole communities, mass incarceration,
and militarized responses to fight cultivation and trafficking. Yet criminal justice has
stayed at the heart of the world response to the drug problem. The 2009 Political
Declaration and Plan of Action on International Cooperation towards an Integrated and
Balanced Strategy to Counter the World Drug Problem highlights law enforcement and
judicial systems as key elements of the supply reduction pillar, and incorporates an entire
pillar focused on criminal justice efforts to counter money-laundering and promote
judicial cooperation.1
Increasingly, however, some Member States are seeking a ‘rebalancing’ of the
implementation of the global drug control regime, through consideration of the public
health, human rights and development impacts of current approaches. With the United
Nations moving to a ‘universalist’ approach to development (under the proposed post2015 ‘Sustainable Development Goals’), every country must confront the question of
how different uses of criminal justice tools will impact development outcomes. This
raises the question whether criminal justice measures also require adjustment or
1
High-Level Segment, Commission on Narcotic Drugs, Political Declaration and Plan of Action on International
Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem, UNODC, Vienna,1112, March 2009.
adaptation. At the May 2015 High-Level Thematic Debate of the UN General Assembly
in support of UNGASS 2016, UN Deputy-Secretary General Jan Eliasson listed essential
elements of a balanced approach, including ‘preventing drug use, treating drug
dependence, providing health care and social protection, as well as supporting alternative
livelihoods.’2 The 2009 Political Declaration and Plan of Action itself notes that there
are ‘alternatives to prosecution and imprisonment for drug-using offenders’ and suggests
states consider providing drug dependence treatment, including as an alternative to
incarceration; take measures to address corruption and over-crowding in prisons; commit
to programming for re-entry and social reintegration; and provide adequate training to
staff.3
Some states and civil society advocates, however, suggest that further efforts are
needed to ensure that criminal justice approaches to implementation of the global drug
control regime do not have unintended – and counter-productive – consequences. They
argue that criminalization – not just of trafficking but a range of drug-related activities –
has, over time, had a range of unintended consequences at the human and social
developmental levels, such as:
•
•
•
unexpectedly high incarceration rates amongst certain, usually young, poor,
marginalized populations, with knock-on economic, social and public health
impacts;
stigmatization and perpetuation of socio-economic exclusion and poor health
outcomes for people who use drugs;
high levels of violence in communities affected by the drug trade; and
impacts of corruption on governance and political accountability.4
These concerns are powerfully reflected, for example, in the draft Common
African Position for UNGASS 2016:
Drug policies which focus entirely or disproportionately in law enforcement,
incarceration, punishment and repression have not succeeded in eradicating
supply, demand and harm caused by illicit drugs on the Continent. These policies
have led to serious unintended consequences and often disproportionately impact
upon the poor and marginalised, while creating a rich and powerful criminal
market that undermines security of states.5
Over the last two decades, as these concerns have grown, many Member States
have sought new approaches to the use of criminal justice tools to address the world drug
problem. Thus, while in its 1998 Joint Declaration on a Drug-Free ASEAN, the
Association of Southeast Asian Nations (ASEAN) called upon its members to review
jurisprudence on illicit drug use and trafficking in an effort to move towards ‘the passage
2
UN Meeting Coverage and Press Releases, “Multi-Sector Approach, Integrating Public Health into Substance Control
Efforts Key to Winning ‘War on Drugs’, Deputy Secretary-General Tells General Assembly,” 7 May 2015.
3
High-Level Segment, Commission on Narcotic Drugs, 2009.
4
For instance, see UNDP, Perspectives on the Development Dimensions of the Drug Problem, 2015; West Africa
Commission on Drugs, Not Just in Transit: Drugs, the State, and Society, June 2014; Organization of American States
General Secretariat, The Drug Problem in the Americas, OEA/Ser.D/XXV.4, 2013.
5
African Union, Draft ‘Common African Position (CAP) for the UN General Assembly Special Session on the World
Drug Problem, April 19-21, 2016’, STC/EXP/DC/3(I), April 2015.
2
of stricter laws’,6 Ministerial-level reviews of the Declaration have since then steadily
incorporated language emphasizing balance, evidence-based treatment and social
reintegration.7 Even as a minority of states continue to apply the death penalty for some
drug offenses (primarily, as we explore further below, against foreign citizens), other
states, such as Uruguay and some jurisdictions within the United States of America, are
experimenting with regulated legal markets for certain substances, while others are
replacing criminal sanctions with administrative sanctions for limited possession of
banned substances.
Given these shifting and diverse views on how criminal justice tools can best be
used to achieve effective implementation of the global drug control regime, and the
Commission on Narcotic Drugs (CND)’s decision to prepare ‘operational
recommendations’ for consideration at UNGASS 2016,8 what does a ‘criminal justice
approach’ realistically look like, today? Given that many states remain in favour of a
punitive approach to implementation of the global drug control regime, what ‘operational
recommendations’ can UN Member States realistically make that would strengthen a
balanced criminal justice approach to global drug policy?
This concept note identifies some areas where common ground might emerge
ahead of UNGASS 2016, and asks what steps would need to be taken to make that
happen. It focuses on four areas:
1.
2.
3.
4.
1.
incarceration as a question of inequality;
alternatives to incarceration: decriminalization and ‘drug courts’;
alternatives to incarceration: proportionality and the death penalty;
smart policing of drug markets.
Incarceration as a question of inequality
Prison populations have grown significantly over the last 40 years, with drug control
policies being a major driver. The US prison population has risen by 700 percent since
1970;9 today over 50 percent of the United States prison population is incarcerated on
drug offences.10 Nor is it alone: Colombia’s prison population is estimated to be at 150
percent of official capacity.11 The United Nations Office on Drugs and Crime (UNODC)
has noted that, from available data, while criminal offences related to drug trafficking
have remained relatively stable over time, drug possession offences showed a 13 percent
increase since 2003.12 Metrics such as arrest quotas and conviction rates incentivize
6
ASEAN, Joint Declaration for a Drug-Free ASEAN, Manila, Philippines, 25 July 1998.
See for example ASEAN “Chairman’s Statement,” AMMDM3/MIN/P.008/D.1, The 3rd ASEAN Ministerial Meeting
on Drug Matters, Jakarta, Indonesia, 3 December 2014.
8
CND has indicated it will produce a set of operational recommendations to be adopted at UNGASS 2016. CND, Draft
Resolution submitted by Chair, Special session of the General Assembly on the world drug problem to be held in 2016,
E/CN.7/2015/L.11, 17 March 2015.
9
see ACLU, The Prison Crisis.
10
Kathleen Miles, “Just How Much The War On Drugs Impacts Our Overcrowded Prisons In One Chart,” The
Huffington Post, 3 April 2014.
11
Talor Gruenwald, “Colombia court gives government ultimatum to solve prison crisis,” Colombia Reports, 21 April
2015.
12
Report of the Secretary-General, State of crime and criminal justice worldwide, 13th UN Congress on Crime
Prevention and Criminal Justice. A/CONF.222/4, Doha, 12-19 April 2015. 19 January 2015. p. 4.
7
3
incarceration, and may encourage law enforcement actors to go after the easiest targets,
such as street-level dealers, mules, or people who use drugs.13 Women are particularly
affected. One estimate suggests that the portion of the female inmate population
imprisoned on drug related crimes is between 75 and 80 percent in Ecuador; 64 percent in
Costa Rica; 60 percent in Brazil; and between 65 and 80 percent in Argentina.14
Prison overcrowding reduces access to services for inmates, leads to degradation
of prison conditions and may increase opportunities for violence and abuse.15 Prisoners
with communicable diseases such as HIV/AIDS and Hepatitis C are often not afforded
access to harm reduction services, increasing immediate health risks from shared needles.
Similarly, those with substance abuse problems face increased health risks due to a lack
of treatment and support services. Incarceration also has a lasting affect on community
and personal development. Knock-on-effects in communities can include:
•
detrimental impacts on household income (not only during incarceration, but
following it, as a result of stigmatization and reduced income expectancy
following incarceration);
•
lost labour-force productivity and national economic output;
•
impacts on early childhood cognitive development in communities
disproportionately affected by incarceration.
Of course, there are also direct economic consequences from running the prisons
themselves. In the United States, in 2013, one-third of the Justice Department’s budget
went to the Bureau of Prisons, while state-level costs for running corrections facilities
nearly tripled in three decades.16
As with many other policies, the least powerful feel the impacts of incarcerationbased drug policy harder than others do. Negative impacts on marginalized groups are
felt across the UN regional groups. The West Africa Commission on Drugs has noted that
law enforcement efforts in the region have led to a punitive focus on small-scale dealers,
users and couriers, rather than high-level, or politically connected, participants in the
drug trade.17 A recent report states that black and Asian communities in England and
Wales are the primary targets of drug-related law enforcement.18 In the US, the Obama
Administration has acknowledged ‘demographic disparities’ in the application of laws
relating to drug control, and an ‘over-reliance on incarceration’, and on that basis has
taken a number of steps to reform the role of criminal justice in its drug control policies.19
13
Pien Metaal and Coletta Youngers eds., Systems Overload – Drug Laws and Prison in Latin America, Transnational
Institute and Washington Office on Latin America, March 2011. p. 8.
14
Luciana Pol, “Failed drug policies in Latin America: the impact on prisons and human rights,” Penal Reform
International, April 24, 2015.
15
Ibid.
16
United States Department of Justice, Smart on Crime: Reforming the Criminal Justice System for the 21st Century,
Washington, D.C., August 2013. p. 2.
17
West Africa Commission on Drugs, 2014, pp. 8-9.
18
The report provides statistics showing that Black and Asian people are being stopped and searched for drugs at a
much higher rate than white people. Black people are also being subject to harsher sanctions for drug possession
offences. Release, The Numbers in Black and White: Ethnic Disparities in the Policing and Prosecution of Drug
Offences in England and Wales.
19
United States Department of Justice, August 2013. p. 2.
4
In many other countries, marginalized groups similarly account for high percentages of
people cycling through the justice system for drug-related offences. 20 Yet for some
communities, involvement in the illicit drug market may be one of few viable livelihood
strategies; yet that participation may trap them in cycles of ‘insecurity, criminality, and
marginalization’.21
Incarceration policy, thus, has implications for countries’ achievement of the
proposed Sustainable Development Goals (SDGs), notably those relating to inequality.
Proposed SDG target 10.3 calls for member states to ‘reduce inequalities of outcome,
including by eliminating discriminatory laws, policies and practices and promoting
appropriate legislation, policies and action in this regard’. Given the evidence now
available of the differential impact of drug-related incarceration policies, achievement of
this target may require a rethink.
2.
Alternatives to incarceration: decriminalization and ‘drug courts’
As concern has risen about the costs of over-reliance on incarceration in drug control
efforts, interest in alternatives has grown. The United States submitted a resolution that
was adopted at the 58th session of the CND which calls for states to consider alternatives
to incarceration for drug-related offences of a minor nature, promote collaboration
between health and justice departments, and promote rehabilitation and reintegration
efforts.22 The EU’s 2013-2016 Action Plan on Drugs includes the goal that member states
provide alternatives to coercive sanctions for drug-using offenders by 2015. 23 The
African Union 2013 Plan of Action also call for its member states to institutionalize
diversion programmes for people who use drugs, especially alternatives to incarceration
for minor offenses,24 and the 2015 draft Common African Position for UNGASS 2016
states, simply:
People who use drugs must be offered support, treatment and protection, rather
than be faced with punishment and a criminal record. This includes the provision
of alternatives to arrest, sentencing and incarceration.
UN entities have also called for such reforms. The World Health Organization
(WHO) has called such reforms ‘critical enablers that can change a hostile environment
for key populations to a supportive environment,’ highlighting the fact that barriers
caused by criminalizing behaviour may prevent people from seeking healthcare for fear
of legal consequences.25 In 2004, the International Narcotics Control Board (INCB)
20
National Association for the Advancement of Colored People, Criminal Justice Fact Sheet, 2015. Organization of
American States General Secretariat, 2013. pp. 25, 59. OAS and Inter-American Commission on Women, Women and
Drugs in the Americas: A Policy Working Paper, Washington, D.C., January 2014. p. 31.
21
Vanda Felbab-Brown, “Designing Pan-Atlantic and International Anti-Crime Cooperation,” in Dark Networks in the
Atlantic Basin: Emerging Trends and Implications for Human Security, Center for Transatlantic Relations, Washington
D.C., January 2015. p. 122.
22
Commission on Narcotic Drugs, Supporting the collaboration of public health and justice authorities in pursuing
alternative measures to conviction or punishment for appropriate drug-related offences of a minor nature,
E/CN.7/2015/L.8/Rev.1, 58th Session of the CND, Vienna, 9-17 March 2015, 16 March 2015.
23
Council of the European Union, EU Action Plan on Drugs 2013-2016, 2013/C351/01, Brussels, 2013.
24
The African Union, AU Plan of Action on Drug Control 2013-2017, Adopted by the AU Executive Council,
Decision EX.CL/Dec743(XXII) during the January 2013 Assembly of Heads of State.
25
WHO, Consolidated guidelines on HIV prevention, diagnosis, treatment and care for key populations, Geneva, July
2014, p. 90.
5
stated that alternatives to incarceration can effectively treat ‘health conditions associated
with drug abuse’ and reduce crime, and may keep young people who use drugs away
from criminal culture in prison.26 The Office of the High-Commissioner for Human
Rights (OHCHR) has argued that compulsory detention and drug rehabilitation centres
often offer treatment that is not evidence-based and can include ‘forced labour, corporal
punishment, un-medicated withdrawal, sexual abuse, solitary confinement, and
experimental treatments’ without permission.27
Some states are going so far as to explore decriminalization of certain drugrelated conduct. While there is more than one model of decriminalization, the term
generally connotes the removal or suspension of application of criminal penalties for
legal infractions associated with personal drug use. Portugal’s regulatory experimentation
in decriminalizing drug use is amongst the better-known precedents. The Portuguese
approach includes a strong focus on harm reduction and health services. Portugal has
seen positive trends such as a decline in prison populations, reduced problem use and
adolescent drug use, a significant decrease in HIV rates among people who use drugs,
and reduced social costs, without a significant increase in drug use or drug tourism.28 But
Portugal is by no means alone in moving in this direction: various members of the
Eastern European Group, Group of Latin American and Caribbean states (GRULAC),
and Western European and Others Group (WEOG) have all adopted decriminalization
policies in certain circumstances. 29 At the recent High-Level Thematic Debate in
preparation for UNGASS 2016, Senegal also indicated that it was exploring
decriminalization.30 In the United States a range of decriminalizing measures have been
passed in eighteen federal states and Washington D.C., including permitting cannabis
production and possession for medical purposes; and replacing criminal penalties for
possession of small amounts of prohibited cannabis with administrative penalties such as
fines or drug education classes. Several U.S. jurisdictions have created legal, regulated
cannabis markets or allowed for home-grown cultivation, as Washington D.C. has done
in addition to legalizing personal use.
A number of WEOG and GRULAC states, including Chile, Australia, and
Trinidad and Tobago, have also begun to create so-called ‘drug courts’: specialized
criminal or administrative law bodies that mandate tailored, court-supervised treatment
programmes, rather than traditional incarceration. Such programmes typically offer
intensive treatment, carry out randomized drug testing, and involve periodic case reviews
by a judicial actor. But there are huge variations in the approaches taken. Some drug
courts have raised concerns relating to: the limited involvement of medical professionals
in treatment design or imposition; the coercive nature of some treatments (which may
raise medical ethics and human rights concerns); and poor access to appropriate treatment
26
INCB, Report of the International Narcotics Control Board for 2004, E/INCB/2004/1, 2004. p 5.
OHCHR, “Statement by Navi Pillay, High Commissioner of Human Rights,” High-level Review of the Political
Declaration and Plan of Action on International Cooperation Towards an Integrated and Balanced Approach to Counter
the World Drug Problem, Vienna, March 13-14, 2014.
28
Drug Policy Alliance, “Drug Decriminalization in Portugal: A Health-Centered Approach,” February 2015.
29
Ari Rosmarin and Naimh Eastwood, A Quiet Revolution: Drug Decriminalization Policies in Practice Across the
Globe, Release, London, 2011.
30
Intervention at the High-level Thematic Debate in support of the process towards the 2016 Special Session of the
General Assembly on the World Drug Problem, UN Headquarters, New York, 7 May 2015.
27
6
and harm reduction measures.31 Partly for these reasons, in the US, the White House
Office of National Drug Control Policy (ONDCP) is working to strengthen the health
impacts of drug courts, for example by revising federal grant language for state
institutions to set guidelines for evidence-based treatment, including around the provision
of opioid-substitution therapy.32 This raises the question about whether there is a need for
the development of some kind of guidance, at the international level, to help states meet
minimum standards and discharge their human rights obligations when implementing
‘drug court’ policies.
3.
Alternatives to incarceration: proportionality and the death penalty
Short of decriminalization and drug courts, some states are simply seeking to recalibrate
the criminal penalties that minor, non-violent drug offenders receive. Several Member
States emphasized sentencing proportionality during interventions at CND’s special
segment on UNGASS 2016 in March 2015.33 In 2014, Ecuador revised its sentencing
laws for micro-traffickers, reducing a mandatory 8-12 year sentence to between 2-6
months and 1-3 years depending on the amount held. This change largely affects the
female prison population, who make up a large portion of small-scale traffickers. 34
England and Wales has changed sentencing guidelines for drug couriers to reduce the
number of years in prison, Singapore has exempted couriers from the death penalty, and
Costa Rica has reduced the number of years in prison for female drug couriers.35
In the US, under the Smart on Crime Initiative launched in 2013, the federal
government has initiated sentencing reforms for low-level, non-violent convictions,
advocating for changes to federal mandatory minimum sentences.36 This has generated a
decline in federal prosecutors seeking the mandatory minimum sentence in drug cases.37
Recognizing racial disparities in some sentencing guidelines, the United States Congress
passed the Fair Sentencing Act, reducing sentencing discrepancies for cocaine and crackcocaine that had placed an undue burden on minorities.38 President Obama has gone so
far as to use federal clemency powers to reduce some existing drug related sentences.39
Closely related to questions of sentencing proportionality is the question of
whether it is ever valid to apply the death penalty in non-violent drug-related cases. The
UN Human Rights Committee and several UN human rights special procedure mandate31
Joanne Csete and Denise Tomasini-Joshi, “Drug courts: Equivocal Evidence on a Popular Intervention,” Open
Society Foundations, New York, 2015.
32
Ryan Grim and Jason Cherkis, “Federal Government Set To Crack Down On Drug Courts That Fail Addicts,” The
Huffington Post, 6 February 2015.
33
Commission on Narcotic Drugs, Report on the fifty-eighth session (5 December 2014 and 9-17 March 2015),
Advanced Unedited Version, E/CN.7/2015/15, Vienna, 2015. p. 55.
34
Simeon Tegel, “Ecuador is Releasing Thousands of Convicted Drug Mules,” The Global Post, 6 October 2014.
35
Jennifer Fleetwood, “Sentencing reform for drug trafficking in England and Wales,” Briefing Paper, International
Drug Policy Consortium, April 2015.
36
United States Department of Justice, August 2013.
37
Evan Perez, “Attorney General Eric Holder sees success in fewer drug cases,” CNN. 17 February, 2015.
38
Applied retroactively, approximately 12,000 people –85% of whom are African American—can have their cases
reviewed for shortened sentences, see ACLU, Fair Sentencing Act. African-Americans are also 3.73 times more likely
to be arrested for possession of marijuana. American Civil Liberties Union, The War on Marijuana in Black and White,
2015.
39
Drug Policy Alliance, “Obama Plans Clemency for "Hundreds, Perhaps Thousands" of People Sentenced for Drug
Law Violations,” April 21, 2014. Ryan J. Reilly, “DOJ Gears Up for Massive Obama Clemency Push,” Huffington
Post, 23 April 2014.
7
holders have indicated that it is not.40 UNODC has backed this position,41 and INCB
President Lochan Naidoo recently stated that Member States retaining the death penalty
for drug-related offences should consider abolishing it.42 UN Secretary General Ban Kimoon recently appealed to Indonesia, without success, to commute the death sentences of
nine foreign and national individuals convicted of drug trafficking.43 Yet the question
remains contentious amongst Member States, notwithstanding the General Assembly’s
2007 death penalty moratorium resolution. 44 In March 2015, the European Union
described the abolition of the death penalty as an absolute priority.45 This was reiterated
by the EU representative and EU Member States at the General Assembly High-Level
Thematic Debate in support of UNGASS 2016 in May 2015. At the CND’s 58th
convening in March 2015, many Member States voiced opposition to the death penalty.46
As of 2012, 33 countries retained capital punishment laws for drug offences, although
only 12 to 14 appear to have carried out an execution in the five years 2007-2012.47 It is
notable that the death penalty in drug-related cases appears to be applied more often to
foreign citizens than to states’ own citizens.
4.
Smart policing of drug markets
The high levels of violence in communities affected by drug-related activity have led
states to focus attention on the effectiveness of different law enforcement and criminal
justice policies. The UN Development Programme recently drew attention to the fact that
some drug trafficking organizations are in control of significant territories and
populations, often perpetrating significant human rights abuses in the process, and
fomenting insecurity for citizens.48 At the same time, military and police interventions
into such spaces can generate high mortality rates.49 Militarized responses to entrenched
drug trafficking organizations risk significant human, economic, physical and social
collateral damage, as entire neighborhoods are destabilized and people are forcibly
displaced. In some cases, informal collaboration between police or military actors, drug
40
UN Human Rights Committee, Concluding observations: Thailand, UN Doc. CCPR/CO/84/THA (8 July 2005),
para. 14; UN Commission on Human Rights, Extrajudicial, summary or arbitrary executions: report by the Special
Rapporteur, submitted pursuant to Commission on Human Rights Resolution 1996/74, E/CN.4/1997/60, 24 December
1996; UN Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions,
Addendum: Communications to and from governments, A/HRC/14/24/Add.1, 18 June 2010, pp. 45–46; Human Rights
Council, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health, A/65/255, 6 August 2010, para. 17; UN Human Rights Council, Report of the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/10/44, 14 January
2009, para. 66.
41
UNODC, Drug control, crime prevention and criminal justice: a human rights perspective. Note by the Executive
Director, Commission on Narcotic Drugs, Fifty-third session, Vienna, 8–12 March, E/CN.7/2010/CRP.6–
E/CN.15/2010/CRP.1.
42
Statement by Dr. Lochan Naidoo, President of the International Narcotics Control Board, 58th Session of the
Commission on Narcotic Drugs Special segment on preparations for the special session of the General Assembly on the
world drug problem (UNGASS) to be held in 2016, Vienna, 9-17 March 2015.
43
Al Jazeera, “UN chief asks Indonesia not to execute drug convicts,” Al Jazeera, 26 April 2015.
44
Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee
(A/62/439/Add.2)] 62/149. Moratorium on the use of the death penalty. A/RES/62/149. 18 December 2007.
45
European Union, Statement on the occasion of the Special segment on the preparations for the UNGA Special
Session on the World Drug Problem of the 58th Session of the Commission on Narcotic Drugs, Vienna, 9-17 March
2015
46
Commission on Narcotic Drugs, E/CN.7/2015/15, 2015. p. 55.
47
International Harm Reduction Association, The Death Penalty for Drug Offences: Global Overview 2012, 2012.
48
UN Development Programme, March 2015. p. 8.
49
For instance, Rio’s military police killed 1 out of every 23 people they arrested between 1985 and 2008. Robert
Muggah and Ilona Szabó de Carvalho, “Fear and Backsliding in Rio,” The New York Times, 15 April 2014.
8
trafficking organizations and other influential actors, risks giving drug trafficking
organizations access to political influence and public policy processes.
In situations where organized criminal groups control the drug trade and
trafficking routes, some practitioners suggest law enforcement policies should focus on
reducing threats to public safety, the state and society, rather than on suppressing the drug
trade itself. 50 In the US, a detailed evidence base has grown up around policing
approaches such as Group Violence Intervention (GVI) and Drug Market Intervention
(DMI), which promote a holistic community focus to programming in order to reduce
violence, improve public safety, minimize arrests and incarceration, and foster policecommunity reconciliation. When a member of a group commits a violent act, in addition
to the violent offender, GVI targets all known members of the group on prior charges,
probation violations, and so on, in order to increase accountability for violent acts across
the group. Efforts to reduce a group’s ‘violence-promoting peer dynamic’ also include
engagement with the community to establish community norms against violence and to
offer exit strategies and social services for those interested in alternative paths.51 Other
efforts, such as the celebrated ‘Cure Violence’ organization, have focused on working
with credible messengers to interrupt the transmission of violent norms through criminal
networks and organizations, addressing the violence of drug markets through an
epidemiological approach. 52 In Seattle, Washington, through a program called Law
Enforcement Assisted Diversion (LEAD), police officers divert individuals suspected of
minor drug-related offences to harm reduction and social services, which can include
public housing, healthcare, job training, treatment and mental health support, rather than
the criminal justice system. A recent evaluation has shown that LEAD participants were
58 percent less likely than people in the control group to be arrested.53
Other countries have also been testing alternative policies and approaches. Some
European states, such as Finland and Switzerland, have joint initiatives that focus on
strengthening cooperation between health, law enforcement and judicial agencies, among
others, to support a public-health approach to illicit drug-related activity.54 In Brazil,
Pacification Police Units (UPP) aim to establish longer-lasting connections to favelas
where state authority is contested, social services are few, and violence levels are high.
The intention is that new recruits, free from corrupt police practices, enter a favela after a
military incursion and remain embedded there to build relationships with the community
as social services become available. UPPs have contributed to a 65 percent reduction in
lethal violence in pacified areas and it has been shown that students in pacified areas
perform twice as well as students in public schools.55 While it is meeting with some
50
Felbab-Brown, January 2015. p. 123.
National Network for Safe Communities, Group Violence Intervention: An Implementation Guide, Washington, DC:
U.S. Department of Justice, Office of Community Oriented Policing Services, 2013.
52
Charles Ransford, Candice Kane and Gary Slutkin, ‘Cure Violence: A disease control approach to reduce violence
and change behavior’, in Eve Waltermaurer and Timothy Akers, eds., Epidemiological Criminology: Theory to
Practice. Abingdon: Routledge, 2012. pp. 232-242.
53
Susan E. Collins, Seema L. Clifasefi & Heather S. Lonczak, “Summary of LEAD Program Evaluation: Recidivism
Report,” 7 April 2015.
54
Implementing the Balanced Approach in Practice through Cooperation between Government Agencies, Side-event
organized by the Governments of Finland and Switzerland, at Commission on Narcotic Drugs Special Segment on the
preparation for the special session of the General Assembly on the World Drug Problem to be held in 2016, 9-12 March
2015, 10 March 2014.
55
Muggah and Szabó de Carvalho, 15 April 2014.
51
9
success, challenges remain such as establishing lasting social services, gang resettlement
in other favelas, connecting favelas to public utilities, providing meaningful employment
opportunities, and the limited numbers of UPP officers.56
Key questions for discussion
•
How might Member States use UNGASS 2016 to promote a more effective
criminal justice approach to implementing the global drug control regime?
•
Is the disproportionate impact of drug-related incarceration on minority and
marginalized communities a question of inequality relevant to the post-2015
discussion? If so, should an UNGASS 2016 outcome document include references
to SDG target 10.3?
•
Should UNGASS 2016 provide normative or programming guidance on
alternatives to incarceration, either for people who use drugs (i.e., on drug
treatment programming, or drug courts), or for those who commit minor drugrelated offences (i.e., on proportionality in sentencing)? Alternatively, could
UNGASS 2016 establish a process (such as an International Expert Advisory
Group) to develop such guidance by 2019?
•
What can UNGASS 2016 do on the question of the application of the death penalty
in drug-related cases?
•
How can Member States adapt lessons learned from policing and criminal justice in
one context to another? Could UNGASS 2016 establish a mechanism for interregional, South-South or triangular cooperation to promote good practices?
James Cockayne and Summer Walker
May 2015
56
Adam Isacson, “Rio de Janeiro’s Pacification Program,” Washington Office on Latin America, 5 January 2011;
Muggah and Szabó de Carvalho, 2014.
10